Day: 29 June 2007

Midlands Co-operative Society Ltd v. Revenue and Customs Commissioners – Times Law Reports

Posted June 29th, 2007 in law reports, VAT by sally

Overpaid VAT claim passed on

Midlands Co-operative Society Ltd v Revenue and Customs Commissioners

Chancery Division

“A taxable person entitled to the benefit of an overpayment claim of value-added tax was entitled to pass the benefit of that claim to another.”

The Times, 29th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Legal Remedy UK Ltd) v. Secretary of State for Health and Others – Times Law Reports

Posted June 29th, 2007 in doctors, judicial review, law reports, recruitment by sally

Courts cannot judge specialist policy

Regina (Legal Remedy UK Ltd) v. Secretary of State for Health and Others

Queen’s Bench Division 

“Where a specialist body’s decision involved balancing policy issues which a court was ill-equipped to judge, that reduced the likelihood that the decision would be found to be an abuse of power.”

The Times, 29th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re P (A Child)(Adoption proceedings) – Times Law Reports

Posted June 29th, 2007 in adoption, law reports by sally

Two-stage decision process for judges 

In re P (A Child) (Adoption proceedings)

Court of Appeal

“Judges hearing applications by parents for leave to defend adoption proceedings after a placement order had been made had to undertake a two-stage process: first, decide whether there had been sufficient change of circumstance; then consider what the welfare of the child required.”

The Times, 29th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Islington London Borough Council v. Honeygan-Green – Times Law Reports

Posted June 29th, 2007 in housing, law reports by sally

Status of tolerated trespasser

Islington London Borough Council v. Honeygan-Green

Queen’s Bench Division

“A council tenant could not exercise her right to buy her home if she fell into rent arrears before making the purchase but after the right had been granted. Even if the arrears were later paid off, she had to make a fresh application.”

The Times, 29th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Solicitor access to higher courts eased by voluntary scheme – Law Society’s Gazette

Posted June 29th, 2007 in advocacy, news, solicitors by sally

“The Solicitors Regulation Authority this week decided to remove restrictions on solicitors wanting to appear in the higher courts, replacing compulsory accreditation with voluntary assessment schemes covering criminal, civil and family advocacy.”

Full story

Law Society’s Gazette, 28th June 2007

Source: www.lawgazette.co.uk

Solicitors accuse MoJ of ‘wilful blindness’ – Law Society’s Gazette

Posted June 29th, 2007 in legal aid, news by sally

“Solicitors condemned the ‘wilful blindness’ of the Ministry of Justice (MoJ) this week in refusing to acknowledge the severe threat its reforms pose to the legal aid system, after the government shrugged off damning criticisms from a cross-party committee of MPs and announced its intention to press ahead with the controversial plans.”

Full story

Law Society’s Gazette, 28th June 2007

Source: www.lawgazette.co.uk

R v. Campbell – WLR Daily

Posted June 29th, 2007 in bad character, evidence, law reports by sally

R v. Campbell [2007] EWCA Crim 1472 

“If a defendant’s previous convictions were admitted in evidence, the jury could attach significance to them in any respect in which they were relevant and relevance could normally be deduced by the application of common sense. The mere fact that there was an issue as to whether a defendant’s case was truthful did not mean that evidence could be admitted to show that he had a propensity to be untruthful.”

WLR Daily, 26th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (National Grid Gas plc) v. Environment Agency – WLR Daily

Posted June 29th, 2007 in environmental protection, law reports, utilities by sally

R (National Grid Gas plc) v. Environment Agency

“A private company which had taken over the assets and liabilities of the state-owned British Gas Corporation in 1986 was not liable under legislation enacted in 1995 for the cost of removing contamination from land at a former gasworks which had been sold for housing in 1965.”

WLR Daily, 27th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re P (A Child) (Adoption Proceedings) – WLR Daily

Posted June 29th, 2007 in adoption, law reports by sally

In re P (A Child) (Adoption Proceedings)

“A court’s decision whether or not to grant leave to a parent to oppose the making of an adoption order, pursuant to s 47(5) of the Adoption and Children Act 2002, was “a decision relating to the adoption of a child” within the meaning of s 1(1) of the 2002 Act. Therefore, by s 1(2) of the Act, the paramount consideration of the court was the child’s welfare.”

WLR Daily, 27th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the WLR Daily summary is removed.

The Ears of the Child in Family Proceedings – Speech by Lord Justice Wilson

Posted June 29th, 2007 in children, family courts by sally

The Ears of the Child in Family Proceedings (PDF)

Speech by Lord Justice Wilson, 28th June 2007

Source: www.judiciary.gov.uk

House of Lords Judgments: what’s new?

Posted June 29th, 2007 in law reports by sally

R (on the application of National Grid Gas plc (formerly Transco plc)) (Appellants) v. Environment Agency (Respondents) (Civil Appeal from Her Majesty’s High Court of Justice) [2007] UKHL 30

Source: www.parliament.co.uk

Investment trusts win £300m VAT case – The Times

Posted June 29th, 2007 in news, VAT by sally

“Investment trusts are set for a windfall as European court rules HMRC has been unfairly charging VAT on management fees.”

Full story

The Times, 28th June 2007

Source: www.timesonline.co.uk

Straw and Scotland named in Brown’s legal team – The Times

Posted June 29th, 2007 in attorney general, lord chancellor, news by sally

“Jack Straw becomes the first Lord Chancellor to sit in the Commons; Baroness Scotland takes over as Attorney-General.”

Full story 

The Times, 28th June 2007

Source: www.timesonline.co.uk

Hoteliers turn the tables on ‘reprehensible’ prosecutor – The Times

Posted June 29th, 2007 in extradition, news by sally

“Two elderly hoteliers won their battle against extradition to the US yesterday as a British judge suggested a prosecutor had lied to get his hands on them.”

Full story

The Times, 29th June 2007

Source: www.timesonline.co.uk

Motorists lose speed camera case – BBC News

Posted June 29th, 2007 in news, road traffic offences, speed cameras by sally

“Two British motorists have lost the last round of their legal fight against speed cameras.”

Full story

BBC News, 29th June 2007

Source: www.bbc.co.uk

Legal challenge to ban on smoking – BBC News

Posted June 29th, 2007 in news, smoking by sally

“A legal challenge to the government’s smoking ban in England will be launched at the High Court by campaigners.”

Full story

BBC News, 29th June 2007

Source: www.bbc.co.uk

Lockerbie bomber granted new appeal – Daily Telegraph

Posted June 29th, 2007 in appeals, murder, news, Scotland by sally

“The Libyan intelligence agent convicted of the Lockerbie bombing has been granted a second appeal after an independent commission ruled yesterday that his conviction was unsafe.”

Full story

Daily Telegraph, 29th June 2007

Source: www.telegraph.co.uk

Regulator’s search of IVF clinic was illegal, says high court – The Guardian

Posted June 29th, 2007 in embryology, news, search & seizure by sally

“IVF doctors last night called for resignations and a full investigation by the Department of Health after the high court ruled that the fertility regulator had unlawfully obtained warrants to search a clinic on the eve of a Panorama documentary. The British Fertility Society, representing the doctors, said the Human Fertilisation and Embryology Authority had lost the trust of the clinics it regulates following the high court victory of Mohamed Taranissi, the controversial IVF doctor who has the best success rates in the country.”

Full story

The Guardian, 29th June 2007

Source: www.guardian.co.uk

Google sued over defamatory postings found on web search – The Independent

Posted June 29th, 2007 in defamation, internet, news by sally

“Google, the world’s biggest search engine, is being sued by a London businessman in a landmark legal action that could hold the US-based company liable for the publication of inaccurate, malicious or damaging material on the internet.”

Full story

The Independent, 29th June 2007

Source: www.independent.co.uk

Use of restraint blamed for prison death of boy, 15 – The Guardian

Posted June 29th, 2007 in inquests, news, prisons, young offenders by sally

“The death of Gareth Myatt, a teenager who choked and died while being restrained by three guards at a privately-run youth prison, could have been prevented, an inquest jury found yesterday.”

Full story 

The Guardian, 29th June 2007

Source: www.guardian.co.uk